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Judgment
Satyen Vaidya, J
By way of instant petition, prayer has been made for quashing of FIR No. 125/14, dated 20.12.2014, under Sections 353, 504, 506 IPC and Section 25 of Arms Act, registered at Police Station, Talai, District Bilaspur and all consequent proceedings arising therefrom.
Respondent No. 2 had reported to the police that on 20 th December, 2014, petitioner had disrupted him from discharging his public functions. Respondent No. 2 was working as Medical Officer at CHC, Berthin, District Bilaspur. On the complaint, FIR No. 125/14 was registered. On investigation, report under Section 173 Cr.P.C. was filed. Petitioner is undergoing trial before learned Judicial Magistrate Ist Class, Ghumarwin, District Bilaspur.
It is averred in the petition that after the incident, petitioner had felt ashamed of his conduct. He had shown due remorse to respondent No. 2 and had also repented. Keeping in view the subsequent conduct of petitioner, respondent No.2 has agreed to forgive the petitioner and for such purpose, a compromise has been arrived at, a copy of which has been annexed as Annexure P-4 with the petition.
Petitioner and respondent No. 2 are present in the Court today. Their separate statements have been recorded. Respondent No. 2 has stated that in view of subsequent conduct of petitioner, whereby he has shown due remorse and has repented for his conduct, respondent No. 2 was not interested to further prosecute the petitioner and for the purposes of maintaining peace and harmony, a compromise had been arrived at inter-se them. He further stated that in view of the compromise, respondent No. 2 has no objection in case FIR No. 125/14 and all consequent criminal proceedings, arising therefrom, are quashed.
Petitioner has verified the statement, so made by respondent No. 2 in the Court, to be correct. He has reiterated his repentance over his conduct and has promised to maintain peaceful and harmonious relations in future.
I have gone through the contents of compromise deed Annexure P-4 and have not found any of its terms to be contrary to law. Hence, there is no legal impediment in granting the prayer made in the petition.
It is more than settled now that this Court in exercise of jurisdiction under Section 482 Cr.P.C. can quash the criminal proceedings on the basis of compromise between the parties even in those cases where the offences are non-compoundable, subject, however, to the conditions that the offences should not fall within the category of heinous crime. In the instant case, the offences charged against petitioner are under Sections 353, 504, 506 IPC and Section 25 of Arms Act, which are more or less in the nature of private dispute between the parties. No prejudice is likely to be caused to the interest of society as a whole, in case the proceedings referred to above are quashed.
Looking from another angle, by allowing the prayer made in the petition, not only it will help the parties to maintain harmonious relations in future, it will also prevent the abuse of process of Court. In view of the stand now taken by the complainant/respondent No. 2, there is no likelihood of success of prosecution case.
Keeping in view the entirety of facts and circumstances, the petition is allowed. Consequently, the FIR No. 125/14, dated 20.12.2014, under Sections 353, 504, 506 IPC and Section 25 of Arms Act, registered at Police Station, Talai, District Bilaspur and all consequent proceedings arising therefrom are quashed.
Petition stands disposed of. Pending miscellaneous application(s), if any, shall also stand disposed of.